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Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554

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Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of ) ) Revitalization of the AM Radio Service ) MB Docket No. 13-249 COMMENTS OF THE NATIONAL ASSOCIATION OF BROADCASTERS NATIONAL ASSOCIATION OF BROADCASTERS 1771 N Street, N.W. Washington, D.C. 20036 (202) 429-5430 Kevin Gage Jane E. Mago Lynn Claudy Jerianne Timmerman John Marino Larry Walke David Layer NAB Technology January 22, 2014 TABLE OF CONTENTS Executive Summary. i I. Background and Introduction. 1 II. The Commission Should Adopt the Policy and Technical Proposals Set Forth in the Notice, Subject to Certain Modifications Designed to Maximize Their Benefit to AM Radio Stations and Listeners. 4 A. An AM-Only Filing Window for FM Translators Would Expand the Benefits of Cross-Service Rebroadcasting. 4 1. The Processing Approaches in the “Mattoon Waiver” and “Tell City” Waiver Cases Can Help AM Stations . 9 2. The Commission Should Consider Ways to Provide More Certainty to Licensees of Cross-Service Translators and Their Listeners . 11 B. Modifying the Daytime Community Coverage Standards Would Facilitate Improved AM Radio Service Without Significant Reductions in Signal Quality . 13 C. Modifying the Nighttime Community Coverage Standards Will Better Enable AM Radio Stations to Accommodate Changes in Population Served and Real Estate Values. 14 D. Broadcasters Support the Elimination of the AM “Ratchet Rule”. 16 E. Simplified Implementation of Modulation Dependent Carrier Level Control Technologies Should Be Permitted . 18 III. The Commission Should Carefully Consider Certain Other Proposals Concerning AM Radio Broadcasting . 19 IV. Conclusion . 22 EXECUTIVE SUMMARY The National Association of Broadcasters (NAB) applauds the Commission’s initiation of this comprehensive review of its rules and policies governing AM radio service. As the Commission recognizes, AM radio broadcasters face certain technical, regulatory and economic challenges that may undermine the long-term competitive viability of the AM radio service. These obstacles include unique interference concerns that compromise the quality of AM signals, particularly in comparison to the growing number of higher fidelity sources for audio programming. The resulting pressure on AM radio listenership and advertising revenues has negatively impacted the financial viability of many AM radio stations and, thus, these stations’ ability to improve their service to the public. Despite these challenges, AM radio remains a distinctive, popular source for local news and talk, public affairs, sports and foreign-language programming. Many AM stations provide niche formats targeted at diverse local communities, and in a sizeable portion of America’s rural areas, AM service remains the primary source for radio programming for residents and travelers. AM radio service is also an important source for news and information during emergencies. NAB accordingly supports the Commission’s focus on AM radio, and appreciates this opportunity to address the specific technical and policy changes proposed in the Notice. Implementation of these proposals should allow many AM stations to improve their signal quality. NAB and its radio members look forward to working with the Commission to develop additional policies that will fully revitalize AM radio. NAB specifically supports the opening of a special filing window for FM translators for AM stations because it will extend the clear benefits of cross-service i translators to additional AM stations and their listeners. We further support processing rules to facilitate the relocation of FM translators for use by AM stations. The approach followed in the so-called Mattoon Waivers has been helpful, and processing as suggested in the “Tell City” waiver request would also further this goal. Finally, we request that the Commission consider ways to provide more certainty to licensees of cross-service translators that are displaced due to interference concerns. NAB also agrees with the Commission’s proposals to relax the AM broadcasting daytime community coverage standards, and eliminate the nighttime standards. These rule changes will remove certain technical obstacles to relocating AM transmitter sites, and in some cases, save broadcasters the considerable expense of operating separate daytime and nighttime transmitter facilities. Permitting AM stations to conserve resources on these types of utility and infrastructure costs will increase broadcasters’ resources for services that more directly benefit the listening public. We further support the proposals to eliminate the AM “ratchet rule” and facilitate the use of Modulation Dependent Carrier Level control technologies, as both will foster the improvement of AM radio service. Finally, NAB will continue to coordinate with the Commission on the testing of all- digital AM radio service. NAB and the entire broadcasting industry appreciates the Commission’s support, including its prompt review and approval of requests for Experimental Authority to allow certain AM stations to interrupt their regular programming to participate in all-digital tests. The feedback from these tests has been invaluable, and we look forward to working with the Commission on next steps towards a potential all-digital AM radio broadcasting service. ii Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Revitalization of the AM Radio Service ) MB Docket No. 13-249 COMMENTS OF THE NATIONAL ASSOCIATION OF BROADCASTERS The National Association of Broadcasters (NAB)1 submits these comments on proposals to improve the AM radio service.2 As discussed below, NAB generally supports adoption of the major proposals in the Notice as welcome policy and technical changes that will allow many AM radio stations to improve their signal quality. NAB applauds the launch of this proceeding as a meaningful first step toward a more viable AM radio service, and looks forward to working with the Commission to develop policies that will fully revitalize AM radio. I. Background and Introduction “I’m often asked why we should care about the future of AM radio. If you care about diversity, you should care about AM radio. Most minority- owned radio stations are located in the AM band. So are many stations aimed at ethnic and foreign-language minority populations. If you care about localism, you should care about AM radio. Many AM radio stations cover local news, weather, and community events. And if you care about an engaged citizenry, you should care about AM radio. Many AM radio stations provide a vital forum for discussing the issues of the day. These reasons, among others, are why I believe that the future of AM radio is worth fighting for.” Remarks of FCC Commissioner Ajit Pai, NAB Radio Show Luncheon (Sep. 20, 2013). 1 NAB is a nonprofit trade association that advocates on behalf of local radio and television stations and also broadcast networks before Congress, the Federal Communications Commission and other federal agencies, and the courts. 2 Revitalization of the AM Radio Service, Notice of Proposed Rulemaking, MB Docket No. 13-249, FCC 13-139 (rel. Oct. 31, 2013) (Notice). Commissioner Pai’s statement captures the unique value of AM radio, and the need for prompt, decisive actions that will help rejuvenate this critical service. Technical obstacles, interference concerns, and the influx of audio alternatives have all contributed to the competitive struggles of AM radio over the past two decades. AM radio service has certain inherent technical limitations that limit audio quality. The propagation characteristics of the AM band cause increased interference among AM stations at night, requiring many stations to reduce or even cease operations during nighttime hours and parts of the important morning and evening rush hour “drive times.” Interference is also a major concern during daytime hours, given the proliferation of non-broadcast sources of electromagnetic radiation, such as fluorescent lighting, LED traffic lights, computers, power transmission lines, and HDTV sets.3 AM radio signals are also impeded by aluminum siding and steel frames that reinforce many buildings located in urban areas. Notice at ¶ 5. As a result, many AM stations cannot serve sizeable portions of their audiences, causing a growing number of listeners to consider other, higher fidelity outlets. Streaming services, web-based radio, satellite radio, iPods and MP3 players, and other new technologies now all compete with AM radio for audiences. The resulting decline in advertising revenues has substantially affected the bottom lines of AM stations, making it harder for stations to improve service quality or provide certain costly content, such as live, on-the-scene news reporting. Some struggling stations have even considered ceasing operations, especially in markets where real estate values for the property housing their antenna arrays has substantially increased.4 Despite these challenges, AM radio remains a critical source for news, talk, sports, foreign-language and religious programming. Many AM stations provide unique, 3 Comments of John Pavlica, Jr., MB Docket No. 13-249 (Dec. 13, 2013), at 2. 4 Randy J. Stine, Is AM Radio Still Relevant?, Radio World (Aug. 30, 2009), available at www.radioworld.com/article/is-am-radio-still-relevant/1752. 2 niche formats as a means of distinguishing themselves from competitors.5 The overwhelming majority of all-news/talk and all-sports programming is found on the AM band, Notice at ¶ 3, and AM broadcasting is often
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